Con Law Flashcards
What is the Rational Basis test?
Does the government have a legitimate interest (or rational basis) to do X?
Is that interest/basis reasonably related to X?
What is the Intermediate Scrutiny test?
Does the government have an important/significant interest to do X?
Is that interest substantially related to X?
What is the Strict Scrutiny test?
Does the government have a compelling state interest to do X?
Is X the least restrictive means of accomplishing that interest?
What is a Procedural Due Process violation?
A deprivation of life, liberty, or property without:
+Notice
+Opportunity to be heard
+Neutral decision maker
What is a Substantive Due Process violation?
An unjustifiable deprivation of life, liberty, property.
What is an Equal Protection violation?
Discrimination by the government.